Os pontos cegos no tratamento jurídico dos desastres envolvendo barragens de rejeitos de mineração

Abstract

This research aims to investigate the blind spots in the legal treatment of disasters involving mining tailings dams. For that, it was developed based on Luhmann's Systemic Theory. Sociological authors such as Beck, and Disaster Law, such as Carvalho, Damacena and Tybusch, were also used as theoretical references. Divided into two chapters, at the beginning it deals with disasters as systemic, complex and abstract risks, and then deals with the formation of the meaning of disasters and their colonization by law. In the closing, the current guidelines for the legal treatment of disasters in general and, specifically, those involving mining tailings dams in Brazil, are outlined. Ahead the blind spots are explored, in order to point out alternatives to overcome them.